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Sanitary Sewer Main Easement with Hayden Homes Idaho, LLC for Villas at Lochsa FallsADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 BOISE IDAHO 01124113 12:35 PM RECORDED~C REQUEST OF III I~IIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City 113~53~~7 SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this ~3~a day of ~~~?~~ , 20 ~ between ~~ g/~,~~ m~~: L~-1.~,6~; t L G ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sanitary sewer main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of sanitary sewer mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs performing other maintenance or making subsequent connection to the sanitary sewer main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 I- 29-09.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. /YIN-.np~ IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Preside t z , Secretary STATE OF 9~j OC~e-no}.as) ss County of Apia- ) On this ~~0~" day of _ ~l~tle'. , 20 ~_, before me, the undersigned, a Notary Public in and for said State, personally appeared \'~G~1t1\~ `~'1nuR'(nti~ known or identified to me to be the P,.°~,aP„r .,,a ~°°~°+° ;, r°~Y°°t;.,Ai~ of the c-er~e~ie~r-that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~ OFFICIAL SEAL `C_.IXY~MZtsu-1 ~• l~i"~ KIMBEa~LY D CUTHRIE NOTARY PUBLI FOR ~~ C~~G~-E~fl ': ~~ NGTARY PUBLIC-GRE¢ON `'' ~ ION N0.455862 Residing at: ~P.~z,UncrieS C,Ouni-t MY GQMMIS IGI~<~PES JULY 15 2015 - Commission Expires: "T • ~ g . a0 \~ City of meridian, Idaho Water Main Easement 29-09.doc EASMT.WTR 1-29-09 1- GRANTEE: CITY OF MERIDIAN Tamm de We a or Y Y ~I::~~~-r, ,:~~ ', Ci+c o; _r i~1t1N Attest by cee L. Holman, City Clerk a ®A ~{ 4 ^'"~r SE~~~I.. J.r a i 'ER E Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) ,Q °frlir e. ~~ r~ On this ~ 3 _ day of v ~~-- , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ..•••.. •• c~tCA J~•.• • tr • ~ ~ • ~ • ~ ~ • •,~1 n~ OF ~P•~ .,~~~~.• City of meridian, Idaho Water Main Easement 29-09.doc 1~1~TARY PUBLIC F Residing at: ~e.rtG Commission Expires: EASMT.WTR 1-29-09 1- Legal Description The Villas at Lochsa Falls Subdivision -Phase 2 Sewer Easement -Exhibit A An easement located in NE %4 of the SE '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SE '/< of said Section 26, from which a 5/8 inch diameter iron pin marking the northeast corner of said SE '/4 bears N 0°24'42" E a distance of 2637.57 feet; Thence N 0°24'42" E along the easterly boundary of said SE '/4 a distance of 1892.43 feet to a point; Thence leaving said easterly boundary N 89°35'18" W a distance of 45.00 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of N. Linder Road; Thence S 0°24'42" W along said westerly right-of-way a distance of 78.59 feet to a point; Thence N 89°35'18" W a distance of 54.21 feet to a the POINT OF BEGINNING; Thence S 0°24'42" W a distance of 20.00 feet to a point; Thence N 89°35'18" W a distance of 72.08 feet to a point; Thence a distance of 20.63 feet along the arc of a 25.5 foot radius non-tangent curve left, said curve having a central angle of 46°21'23" and a long chord bearing N 4°28'57" W a distance of 20.07 feet to a point; Thence S 89°35'18" E a distance of 73.79 feet to the POINT OF BEGINNING. This parcel contains 1431 square feet and is subject to any other easements existing or in use. \oNPL LANDS Clinton W. Hansen, PLS 5~ s T E Land Solutions, PC ~ F L June 6, 2013 ~ ~- 11118 N~~o(o ~/3 ~ _ ~~~TTF o F ~O ~~~ ON W ~P ~~~~~~.~~~~~ The Villas at Lochsa Falls Subdivision -Phase 2 Job No. 12-35 ~i - lan° Surveying and Con:ulting THE VILLAS AT LOCHSA FALLS SUBDIVISION - PHS 2 SEWER EASEMENT -EXHIBIT B LOQISA FALlS SU901VmON N0. 1 O 8 1~4 CP&F M1ST. 26 25 NO. 103178914 u' I ® \ I I I 1 I 31 4 i I h ~ "© J I N m I ® I ® I ' I Q I 21 I I ~ I 35 I ~ ® 0~ f I ~ ~~ J 19 " i I If m s 14 ( ~ I 18 I 1© I ~ N89'35'18~W 43.00' POINT OF ; 0 12 76 BEGINNING ~, N w m I I t5 I ~~ ~ v 73.79' W n 11 S 89'35'18" E ~ 11. `"~11 ~ O V J;N 89'35'18 I b~ ~ _ ~ _~ 89'35'18' W ® ~I 72.08' NI 10 ~, m 0 'I 4s LORfSA FI1L5 51JBOINSION NR 3 w Yd~.LAN Rp~p 26 25 CPkF INST. ~ ~ N0. 103178913 ~~~~®~ 0 50 100 200 Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 Izos~ zsa-zoao ~zos~ zas-zss7 rax www.landsolutions.bu